Roadtrip through ECJ cases: Focus on ”Termination/cancellation fees”

The ECJ has decided in few cases on the determination of the Taxable Amount if contracts are terminated or in case of payment cancellation fees.

Article in EU VAT Directive 2006/112/EC – Art. 90

Article 90
1. In the case of cancellation, refusal or total or partial non-payment, or where the price is reduced after the supply takes place, the taxable amount shall be reduced accordingly under conditions which shall be determined by the Member States.

2. In the case of total or partial non-payment, Member States may derogate from paragraph 1.

ECJ Cases – Decided



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